Time away from work usually means lost income. And if the injury is serious, your ability to earn in the future could also be at risk. Fortunately, Florida law gives you the right to seek compensation for both.
Below, this personal injury attorney in Winter Haven, Florida is going to explain how recovering lost wages and future earnings works after an injury.
What counts as lost wages?
Lost wages are earnings you miss because your injury keeps you from working. If you had to stay home and could not do your job, that time off probably cost you your regular paycheck. That might be salary, hourly pay, bonuses, commissions, and overtime. If you used sick or vacation days during your recovery, those may also be included.
Self-employed individuals can also recover income from canceled jobs or lost contracts.
To prove all of this, you will need records, like pay stubs, tax returns, or letters from employers or clients. An experienced personal injury attorney in Winter Haven, Florida can help you collect and organize these records.
What about future earnings?
Some injuries can have lasting effects. If your injury limits your ability to work long-term, you may be able to recover money for earnings you will miss. This is called loss of earning capacity.
Say you can’t return to the same type of job you had before because of your injuries. That lost potential can be awarded to you.
To figure this out, lawyers bring in experts. Economists and job specialists (also called vocational experts) look at your history, skills, and industry outlook. They then estimate what you would have made if you had not been injured and compare it to what you are likely to make now.
The law makes a distinction here. Lost future earnings are income that you will definitely not receive. On the other hand, loss of earning capacity refers to the income you likely would have earned.
A valid claim needs proof that your injury changed your ability to work, as well as records showing your earnings before and after the injury.
What if a car accident caused the injury?
Florida’s no-fault rules require your own insurance (PIP) to cover part of your losses, even if you were not at fault. Under Florida Statute 627.736, PIP pays 60% of your lost wages, up to a policy cap (usually $10,000).
You must get medical treatment within 14 days of the crash to qualify. Miss that deadline, and you lose your right to PIP benefits.
Florida law defines serious injuries as those that cause permanent damage, major scarring, loss of a key function, or death. If your injuries meet this legal definition of “serious,” you can sue the at-fault driver for full compensation.
Even if they are not classified as “serious,” you can still claim the part of your losses that PIP did not cover. For example, if your total lost wages are $25,000 and PIP only covered $10,000, you can claim the remaining $15,000 from the other driver’s insurance.
Your personal injury attorney will confirm if your case qualifies to move beyond PIP and advise on next steps.
How do you prove your losses?
Florida law requires evidence that shows your claim with “reasonable certainty.”
But even without actual paychecks, credible testimony can support your case. In future loss claims, expert witnesses play a huge role.
Doctors explain the injury and its impact. Vocational experts show how it limits job options. Economists estimate lost earnings based on the career paths of individuals. Together, they make your financial losses clear and measurable.
Your personal injury attorney in Winter Haven, Florida will compile everything that is needed.
Looking for a Personal Injury Attorney in Winter Haven, Florida?
If your injury has left you worried about how to keep up financially, now is the time to talk to an experienced personal injury attorney in Winter Haven, Florida. Tonya Stewart and her legal team are here to help you recover what you have lost and protect your future. Contact us today at (863) 279-4473 to discuss your case.